Ignoring HUD Advice, Town Puts Library Plan Out for Bid
Photo: https://www.joneslibrary.org/
Town Manager sees ‘litigation likely’
An invitation to trade and general contractors to bid on the estimated $36 million construction contract for the Jones Library demolition-renovation-expansion project appeared on Biddocs.com on September 25. The solicitation lists trade submissions for work such as roofing, HVAC and plumbing due on October 17 and general bids closing on October 31.
The move by the Town of Amherst comes after it received a communication from Martha Curran, Regional Environmental Officer for the U.S. Department of Housing and Urban Development (HUD) which has awarded the project a $1.1 million Economic Development Initiative Grant. Regulations require completion of a public environmental review and a public evaluation of adverse impacts to a historic property known as a Section 106 review. The Jones Library is a contributing structure to the Amherst Central Business District which has been listed in the state and National Registers of Historic Places since 1991.
The intent of the review requirements is to ensure that government grant money does not encourage unnecessary damage to the environment or to historic properties.
The HUD message, which was sent to Owner’s Project Manager (OPM) and overseer of the Section 106 process Robert Peirent, includes guidance on going out to bid before completing reviews which could require design changes to “avoid, minimize or mitigate” adverse effects as required by law.
Curran allows that HUD will not prohibit construction bidding on the library project in advance of reviews, but states, “HUD’s position is that we discourage construction bids prior to the completion of the environmental review.”
She adds, “HUD suggests that the solicitation for bids explicitly state that no bid(s) will be awarded prior to completion of the environmental review record, which includes completion of the Section 106 review process, including a fully executed Memorandum of Agreement (MOA) with all relevant parties, if in fact an MOA is required.”
HUD’s suggested language does not appear in the town’s invitation to bid.
Town Councilor Pam Rooney has pointed out that if adverse effects are found which require design changes to resolve, costly and unbudgeted change orders may need to be introduced. Observers have also noted that without a warning that a construction contract could be delayed until reviews are completed, contractors who are investing time and money into developing bid proposals may be caught off guard.
See related Town Acknowledges Adverse Effects of Jones Expansion Project on Historic Character of the Building
Amherst Town Manager Paul Bockelman explained to the Town Council on September 23 that once contractors submit a bid they will need to guarantee their bid for 60 days which the town hopes will be long enough to complete the reviews and arrive at a memorandum of agreement on the resolution of adverse effects.
“Normally you say you’ll hold that price for 30 days,” admitted Bockelman.
Bockelman also warned the council about the possibility that the town could face a lawsuit.
“There will be litigation most likely on something along the lines here,” he said. “There’s been […] a lot of opposition so I think that we’re also thinking about that as well.”
Library Director Receives $14K Pay Boost
At the October 4 Jones Library Board meeting Tamson Ely, Chair of the Personnel, Planning and Policy Committee, asked the trustees to award Director Sharon Sharry a three-step pay increase for FY25.
Ely explained that the Town of Amherst implemented a new non-union pay scale in 2024. Ely noted that at that time some staff received $2000 raises while Sharry received $500. Sharry received another $1000 cost of living adjustment in July 2024, “but we think she should be increased from Step 5 to Step 8,” Ely said, bringing Sharry’s salary to $129,583.
The table above compares Amherst’s director compensation and number of library full-time equivalents with other municipalities in the region. In 2023 Sharry’s salary topped director compensation for 11 other area cities and towns. The step increase represents a 12.5% or $14,392 raise over 2023. Of the communities listed, Greenfield, Holyoke and South Hadley successfully completed grant-supported library construction projects in recent years.
Trustee Treasurer Nat Larson commented that the increase is reasonable when considering the number of full time equivalent (FTE) staff that Sharry manages. Larson’s analysis did not include whether the Jones Library, which has seen annual visitors fall by 64% since 2006, may be overstaffed.
“We feel this three-step increase is entirely justified in recognition of her exemplary, excellent and exceptional work,” she continued, and cited Sharry’s work on the library building project which has been in planning for ten years.
“For some town employees, the limit is two, but we’re not confined by that,” Ely said.
See related Trustees Reward Library Director with Extended Severance in New Contract
Trustees Hear Section 106 Complaints
During the trustee meeting public comment period, Arlie Gould expressed being saddened by the demolition aspects of the library project and the town’s proposal to take pictures of destroyed features as a mitigation measure.
She offered as an analogy, “Imagine if someone said, ‘Oh we’re going to demolish a few of the Civil War tablets and we’ll take some pictures and that’ll be as good.’”
Rob Kusner pointed out that the Town’s October 3 notification of a 3-hour meeting of Section 106 consulting parties scheduled for October 9 at 12:30 p.m. did not provide adequate time for participants to prepare. He reasoned that the meeting should be considered a public hearing and that Massachusetts law requires a 14-day notice for a public hearing. One legal definition of a hearing is “a formal proceeding held in order to receive testimony from all interested parties – including the general public – on a proposed issue or action.”
Kusner also pointed out an imbalance in the groups chosen to be Section 106 consulting parties and that have been allotted five minutes each to speak at the October 9 meeting. “There are about a dozen consulting parties identified for that process. Eleven of them seem to be rather closely aligned with each other and with the proponents,” he observed.
Lou Conover commented, “I would like to know if the approved bidders for the Library Demolition and Expansion Project have been informed that the historic preservation elements have not yet been decided? Have they been informed and if not, when will they be?” His question received no answer from the Trustees.
Capital Campaign Co-chair Lee Edwards spoke of a rumor she had heard that people opposed to the project have been in contact with contractors urging them not to bid.
“As I say it’s only a rumor and I don’t even know how to follow up on it, and it’s not even really a library project it’s a town project, and maybe I’m naïve, but I was shocked,” she said.
See related Opinion: Jones Library Bidders Beware.
The Town might want to reread MGL 149, 44A. Particularly the part about deadlines for bid award.
Mass. General Laws, chapter 149, 44A (3), in pertinent part provides:
[T]he award of every contract subject to this section in connection with which approval by an officer, board or agency of the federal government is not required shall be made within thirty days, Saturdays, Sundays and legal holidays excluded, after the opening of the bids therefor.”
“ Capital Campaign Co-chair Lee Edwards spoke of a rumor she had heard that people opposed to the project have been in contact with contractors urging them not to bid.
“As I say it’s only a rumor and I don’t even know how to follow up on it, and it’s not even really a library project it’s a town project, and maybe I’m naïve, but I was shocked,” she said.”
I am not a fan of these kind of statements. There is enough of this in the world today, the lying, the conspiracy theories and such. Wish we could just stick to the facts here.
I agree Jeff. Once again, I am taken aback by the public comments of a town official against “others”. As she offered no source or substantiation for the rumor, it was just that: so, what was the purpose of sowing its seed?
Regarding the trustee’s segue to it “not even really being a library project it’s a town project” I paraphrase my father…What does that have to do with the price of the rumor?
Since I have never heard or read that the town, which does not own the library, initiated or is spearheading the project, it would seem that, in practice, its only claim to it is to provide millions of dollars for it.